Sensible and Proportionate Health and Safety Risk Management in Schools and Children's Centres THE MYTH – “Egg boxes are banned in craft lessons because they might cause salmonella" Produced by Calderdale MBC Corporate Health and Safety Team in Association with the Yorkshire Regional Safety Officer Group. Date of issue December 2009. Date of Issue: December 2009 (minor amendments 2014) Sensible and Proportionate Health and Safety Risk Management in Schools and Children's Centres What’s Nut’s and What’s Not! This guidance document has been put together with the aim of helping Head Teachers get through what some people believe is a “health and safety mine field”. This minefield however is often created by a minority of people with a good intention but a lack of actual safety knowledge. In reality health and safety management should be very pragmatic and sensible. We have included advice in the tables below on all areas of safety in schools from the things that have been in the media that are obviously nuts (table 1 page 6), to the key areas of risk that need to be well managed (table 2 page 10). The media however continue to pick up on stories and the actions of a tiny minority of Head Teachers in the UK who may have misinterpreted legal requirements and taken an over zealous approach to health and safety risk management. Some of these media reports seem to imply the end of civilisation as we know it. So what’s the truth? The focus of the stories often focus on the mean faceless beaurocrats, zealots, extremists etc who have stopped the local village fete or the pancake race, or the school egg and spoon race; events that have been running for years(?) without any problem until these mean people have stopped them on "elf ’n’safety" grounds. The truth is usually very different. It might be that the event organiser is asked to find some insurance for the event, or the Insurance premium for the event has gone up, or the insurance company or the Council want an event plan for the day, or the Police will not attend the event without payment for officer time. Suddenly faced with these obstacles the event is too much trouble or too expensive and the cry goes out "stopped on elf ’n’safety grounds". There is another less obvious reason how these stories develop. We asked one of our organisers why they had let the local press run the story "Last year for bonfire, health and safety red tape threatens event!" when there was no problem in reality....the reply "it guarantees we sell all the tickets!" Thousands of events take place in our parks and schools safely every year, they are insured and there are good event plans in place. Everyone acknowledges the need for appropriate control measures that match the scale and nature of the event. Do we really want an event with hundreds of thousands of people to be unmanaged, uninsured and with no one responsible for the event? "Calderdale Council approves hundreds of small and large events in Parks annually. Calderdale MBC has never stopped an event in 25 years! Occasionally safety advisers ask for better controls e.g. more stewards, a first aider on site, a lost children point etc This is what the public expect!" Date of Issue: December 2009 (minor amendments 2014) If the Council does not do what is sensible people can lose their lives at events as can be seen from a number of tragic events that have been reported by the media. Examples: - Dreamscape- 7 people died in a Park in Durham when the inflatable exhibition unit blew over. Head teachers have also died setting off firework mortars and people have been crushed to death at Festivals etc (there are many examples). Council Policy To prevent activities being stopped inappropriately under the banner of health and safety, Councillor’s for Calderdale have made it Council Policy “that any manager [considering] stopping or banning an activity or closing a building [for health and safety reasons] must consult with the Council’s Health and Safety Adviser first. Insurance Myths “If a pupil is hurt the teacher is likely to be sued”. This never happens. The Council is vicariously responsible for the actions of their employees. Obviously if a teacher is very reckless and a child is seriously injured or killed then that teacher could be prosecuted under criminal law and either fined or jailed. This has only happened in a handful of cases in the past 30 years and usually when a child has died and it has been proved a teacher was very reckless and had disregarded reasonable safety precautions. In most cases when there is serious injury and significant failings in a school it is the employer who is taken to task through the Courts. In none of these cases was the teacher sued. The Myth “If a pupil is hurt the teacher is likely to be sued” Insurance problems are often exaggerated. People believe that claims for compensation for accident in schools are rising and that insurance cover will not be provided for certain activities. This is a myth. Generally if the school wants to do something exciting and involving exposure to controlled risks the Insurance Officer will accept the risk if competent advice has been sought and the Council’s Health and Safety Adviser is consulted and the required reasonable controls are in place. If someone, a dad or a child for example trips up in the egg and spoon race or breaks Date of Issue: December 2009 (minor amendments 2014) an arm falling in the sack race, it might be tempting to ban that activity in the future. Accidents and injuries will happen, for example when a dad gets over competitive or if a child falls over in the hoop throwing but this is no reason alone not to continue with the activity. . Obviously if someone has died or was paralysed during an event activity then there would be reason to review what happened and consider the foreseeability of the injury arising and whether the precautions were reasonable. It does not necessarily mean that additional controls are needed or the activity should be stopped. That’s the time to take advice from a professional safety adviser. Sensible and Proportionate in School School staff can do just about any activity involving risk as long as there are adequate and reasonable controls in place. The problem often comes when there is a bit of effort required to manage the risk, or there is another reason why a manager does not want to do the activity, they then use health and safety as a convenient excuse. People with common sense can see straight though this excuse and this is how it starts. People talk about it, it escalates and suddenly the media have their story!] [However, sometimes the person in charge cannot see an obvious and straightforward way of dealing with the risk and perhaps hasn’t sought or received advice from relevant professionals who have experience of controlling the risk and may be able to help. In these cases it can be tempting to simply prevent the activity going ahead and remove the problem. In reality a short time spent considering the issues and perhaps seeking appropriate expert advice usually offers a workable solution. Using health and safety as an excuse not to do something can attract adverse criticism and most importantly it can detract attention from managing the real risks – then the media have their story!] The best advice to your staff is tell the truth, don’t hide behind the convenient excuse of health and safety it may come back to bite you! If for example there are some boys who keep fighting over football in the playground and you want to stop football for a while because of it don’t use health and safety as the excuse. The other challenge for Head Teachers is occasionally an unrealistic expectation from parents and communities. Children will have injuries, fall and break bones etc but that does not automatically mean we should stop doing that activity. If the control measures were adequate we should continue. For example a child going on a dry ski slope properly supervised, helmets and all the gear could fall and break a leg, this understandable and can be expected, we should not ban the activity. Teachers need to be firm with overprotective parents and explain that exposure to reasonable risk is part of education and essential child development. Children have been involved in fatal accidents on educational visits but this does not mean we stop those activities. Parents will naturally worry when they know their children are rock climbing, pot holing or canoeing. However if the school has followed the educational visits guidance and procedures, which are reasonable and proportionate the parents fears or misgivings can be addressed confidently. The truth is many of these stories we hear about in the press are made up, are half truths and are very rarely the whole truth. Unfortunately however they are often believed, or at least cast an impression that appears accurate to the general public. They tend to make good stories and offer entertainment to the reader. Date of Issue: December 2009 (minor amendments 2014) Statement by Calderdale Health and Safety Manager – “I have worked as a Safety Adviser for 25 years, in that time I have not stopped, banned or closed more than a handful of activities. Those which I have stopped have been things like stopping men working on roofs without edge protection, stopping the use of a circular saw because essential guards were missing or stopping access into a boiler house because there was asbestos debris all over the floor. If someone has to ask “who’s banned that on health and safety grounds?” you can be fairly certain a safety adviser was not involved. The job of a safety adviser is to give good sensible advice to make sure the Council can do and deliver any activity or any service……with reasonable safety controls in place”. THE HEALTH AND SAFETY EXECUTIVE VIEW POINT Obviously as the enforcing authority for health and safety HSE’s point of view is important to understand. The HSE ran a campaign to fight this misrepresentation of health and safety called “myth of the month” which debunked reports in the media that were found to be nonsense on closer examination and unrelated to legal requirements or sensible risk control. More recently the HSE has set up the Myth Busters Challenge Panel which independently considers whether a decision made on health & safety grounds has been disproportionate or inaccurate. See http://www.hse.gov.uk/myth/index.htm Unfortunately it seems that no matter how often the truth is told, or how much information the HSE and other responsible Health and Safety practitioners provide–the media often find a way to miss-represent the risks and the facts. Since 2007 the HSE have been responding directly to media stories to put the record straight. Below is a typical “Nuts” story with the very clear and sensible response from the HSE: Telegraph article: Safety rules kill off kids’ ‘Brit spirit’ Judith Hackitt, HSE Chair, responds, 7 July 2009 Dear Sir, I am puzzled as to why your article “Britain Losing Spirit of Adventure” (7 July, page 4) blames health and safety rules for stopping children taking risks, when it is very clearly the case that Simon Woodruff himself has acknowledged that HSE has assured him ‘that regulations to prompt such behaviour simply don’t exist’. Risk is a necessary part of growing up and we have made it very clear that we want Date of Issue: December 2009 (minor amendments 2014) children to experience risk and learn how to handle it. That’s why HSE fully supports children taking part in well-run school activities, including school trips, where they can learn how to manage risk. We support Simon Woodruff in his call to ‘break these barriers down’ and applaud the sentiments of the HTI’s (Heads, Teachers and Industry) GO4IT campaign. We also share Simon’s concerns about getting to the heart of what is really stopping important recreational and learning activities, but we need your help to identify the real issues not this persistent misrepresentation of the role of the regulator where rules really do not exist. Yours faithfully Judith Hackitt Chair, Health and Safety Executive A typical response by Bill Callaghan, then Chair of the Health and Safety Commission , to a misleading article in the Daily Express as follows: "Your reporter Jo Willey (when Britain was free of health and Safety fanatics; 5 April 2006) forgot to mention that in the 1960s over 1,200 people each year were killed at work. Last year’s figure, 220 was an even smaller proportion of an even bigger workforce.” You may think health and safety is a laughing matter. I call the increased protection of people at work progress and the hallmark of a civilised society” The media often state that the HSE or health and safety law is responsible for banning all sorts of things. For example, flip flops at work, knitting in hospitals, school sports days, a charity Christmas swim and even cuddly toys on dustbin lorries. Actually, the reality is Health and Safety law and or the HSE have banned very little outright, apart from a very few high-risk exceptions (e.g. the production and most uses of asbestos, for which exposure-related diseases account for over 4,000 deaths a year). HSE believes that health and safety should be about taking practical steps to manage real risks, not bureaucracy leading to the banning of everyday activities. Date of Issue: December 2009 (minor amendments 2014) So what are the risks we can stop worrying about and what are the risks we need to manage well? What’s nuts and what’s not? For the stuff that’s nuts see table 1. (Red) For a list of the real risks in school that need good management see table 2 (green). All these areas of risk are covered in the annual safety audit completed by all Head Teachers in Calderdale schools. (All the examples below have been reported in the press or have come to the attention of Council Safety Advisers in Yorkshire.) TABLE 1 - WHATS NUTS! (a) What’s Nuts (b)Sensible solution (summary) Banning conkers Let them play. No controls required. Banning Plasters! Check which children are allergic to plasters give that info to teachers and simply do not put plasters on children who are allergic. Banning sports day because it’s too hot! Supply plenty of water bottles, cover up and use natural and other shade etc. Obviously if it’s too wet it may be sensible to postpone the event as running at speed on wet grass without the right footwear is going to be risky. However it is obviously possible to brave the rain and do a less competitive sports day! Banning sports day because the playing field has some holes in or is uneven. Put some sand in the holes, find better areas of the field where the race events can be run. If the field is so bad it should be out of bounds (for play and activities) at all times until it is repaired! Asking teachers parents to sign a disclaimer. It’s meaningless, does not secure safety and would not stand up to any scrutiny in a court case. Look at what the activity is, make sure there is a suitable risk assessment in place, seek advice from Insurers and Safety Advisers. Banning Christmas, seasonal (or any other) Decorations! Be sensible, don’t use candles near paper and never leave candles unattended when lit, plug the fairy lights into a circuit breaker and check them before using, etc Banning children throwing snow balls Let them play. If it gets out of hand take the trouble makers inside. Date of Issue: December 2009 (minor amendments 2014) Banning games in the playground like skipping and football Let them play. Use a lightweight ball. (If they are used as weapons by some children, supervise). If you have a reason, other than safety why you don’t want these activities in the playground explain this to staff, parents and children. Don’t use health and safety as an excuse. Banning any major outdoor school events like shows/fairs/bonfires/firewor ks etc on health and safety grounds Carry out a risk assessment on all significant risks at the event and then write an event plan if necessary. Obviously bonfires and fireworks are potentially a risk and should be well managed. For events involving fireworks and bonfires send a copy of the event safety plan 14 days before the event to the Council's Safety Adviser who will give you advice. If it’s a big event run by parents or another voluntary organisation on school land ask them to give you an event plan, their Insurance details and tell them about any known risks on the site if there are any. If its low risk stuff no action or event plan is required. If in doubt or if it involves something potentially dangerous consult with your safety adviser and or look at the HSE and Calderdale event/bonfire/firework guidance. Banning egg boxes or toilet rolls for making models Provided the boxes or rolls are clean they can be used (HSE advice!) Making it policy that trained first aiders cannot give first aid to someone who is not an employee of the school/Council! You might be sued etc! Trained first aiders can give first aid to anyone they choose. There has been no single case of any first aider being sued in the UK and it is extremely improbable that such action would ever succeed. Banning the general wearing of jewelry on health and safety grounds Banning flip flops The only time this could be justified on health and safety grounds would be children or staff working in design technology with machinery [or in PE lessons, sports matches or similar physical activities] Calderdale safety team has never received a report of an injury from jewelry (25 years of records). If it is school policy to ban jewelry make this clear – don’t use health and safety as an excuse. There are areas in the school where as an employer we insist sensible footwear is worn or provide safety footwear e.g. kitchen, boiler house, CDT workshop etc. Date of Issue: December 2009 (minor amendments 2014) The school may have rules about footwear as part of uniform requirements and as sensible precautions to ensure pupils (and teachers) are prepared for any activities they may be involved in. Banning step ladders or normal ladders! Ladders do present a serious risk so you need good control measures, the simplest is always make sure staff have someone footing them in a school environment. If someone needs access to something high up for more than 20 minutes the question has to be asked "is a ladder the right equipment" (loads of Calderdale and HSE advice on Work at Height Regulations) Putting a warning sign up, but not doing something about the hazard. Signs are a bonus but not the solution. Beware the use of too many signs or redundant signs. Banning paddling pools Ensure good supervision. Empty paddling pool at night and prevent access unless supervision provided. Banning any traditional school sports day activity/event e.g. sack race, egg and spoon etc Carry on Banning Hanging baskets Check they have been put up properly and the supports are suitable! Banning gritting in winter! We might get sued!! Carry on gritting! Very sensible to reduce risk of staff, parents and children falling. See safety guidance Calderdale Banning animals in school, dogs, frogs, guinea pigs, mice, chickens etc Make an assessment. Follow HSE and RSPCA advice on petting animals. Wash hands after handling etc Banning Pond dipping (and Ponds) Follow CLEAPPS/DCSF advice Banning cake making/eating or giving mum a bun made by child Food hygiene regulations do not apply unless food is sold. Ask children to clean their hands as best as possible. Buns made from fresh ingredients on the day Date of Issue: December 2009 (minor amendments 2014) because the child may have dirty finger nails etc! by children who may not have the cleanest hands will be safe provided the ingredients have been cooked in an oven. Banning children playing under fruit trees in case an apple etc fell Carry on. All contractors who come into school have to be DBS checked Make sure the contractor is adequately supervised, make sure toilets where contractors are working are closed off etc Cutting down conker trees because kids might climb the trees. Leave trees alone. (any doubt about their integrity call the Council’s forestry team for advice) Banning parents doing a low risk project at the school like building a pond, making a garden area or decorating a classroom. Check and warn the group about any known risks, like asbestos ceiling tiles or a gas pipe where they are going to dig the pond. Also do not lend any school equipment like ladders etc. Do not let any school employee supervise or be involved on the day because this changes it from a voluntary activity to a work activity and changes the responsibilities Ask parents to minimise the risks by making sure someone supervising work is very competent, work from height is properly controlled, any equipment (power tools etc) used is safe and any chemical products used are very low risk etc. NB Parents must not be doing any electrical, gas or risky construction work involving the fabric of the building. NB Ensure pond design incorporates protection for young children. Seek advice from H&S adviser. See HSE advice “Charity and voluntary workers a guide to health and safety” Stopping children cycling to school Involve Road Safety department and give advice to parents. Date of Issue: December 2009 (minor amendments 2014) Closing school on health and safety grounds because:- Of temporary loss of hot water Of temporary loss of water for drinking or toilets Temporary loss of heating Snow - Get temporary supply (bottled water and or bowser from Yorkshire Water) Use up the header tanks first (only flush solids) - All wear coats - Clear snow and grit and/or indoor play. Ice No electrical supply - Grit - Supply torches, whistles/bells for raising the alarm etc Schools may have other valid reasons for closing the school because of these issues but schools should be careful not to use health and safety as a convenient excuse. Have a business continuity plan; E.g. - let children wash hands in cold water/supply hand wipes Consult Calderdale business continuity officer and Schools Safety Adviser and see guidance on gritting. NB THIS LIST IS NOT THE WHOLE "WHAT'S NUTS" LIST BUT WE BELIEVE IT COVERS ALL THE PRESS REPORTED ISSUES RELATING TO SCHOOLS UPTO 2009 Date of Issue: December 2009 (minor amendments 2014) TABLE 2 - THE REAL HEALTH AND SAFETY RISKS (covered in the Calderdale School Self Audit) The Real Risks for Schools to manage Sensible management (summary more info available) Contractors in school - E.g. contractor falling from height during maintenance, or dropping materials from roof onto children. (Contractor died falling in Calderdale school) Only employ competent contractors (Chas compliant), get method statements, isolate contractors on site from school activities, warn contractor of any known site risks, etc Educational visits - Children have died, often in fact in water related accidents. Very few compared to numbers taking part. Follow all DCSF advice and ensure all category 3, 4 and 5 trips are approved by Calderdale School Safety Adviser. Transport (Minibuses/coaches/cars) E.g. Children have been in fatal accidents when teachers have fallen asleep at the wheel of a minibus. Follow all Calderdale policy and guidance on minibus/cars and coaches. Asbestos - Teachers have died from asbestosis. (Although proof that their exposure to asbestos was completely down to the school environment has not been established. Obviously hundreds of contractors who have worked in buildings containing asbestos have died from exposure to asbestos). Ensure asbestos is managed and in safe condition. Surveys done, asbestos register up to date, contractors/caretakers/staff etc all know where it is (is not) before they start work on fabric of school. See Calderdale advice “Contractor Management Guidance” Date of Issue: December 2009 (minor amendments 2014) Teachers falling off chairs, desks or step ladders - HSE report hundreds of serious injuries are caused by this. Make sure Calderdale ladder policy is followed. Provide adequate number of step ladders (BS Class1) Make it school policy to always foot ladders and not stand on tables and chairs. Electrical - Staff and children have been electrocuted in schools Make sure all portable equipment in school is tested and main electrical system is maintained by CHAS compliant contractors. Knife Crime in senior schools E.g. Head teachers, pupils have been stabbed and died as a result of injuries. Paedophiles interfering with children - E.g. Ian Huntley Follow home office advice and use Police in education projects. Fire - No one has died in a school fire in the UK but Calderdale has had fires in schools during occupation and they have had to carry out emergency evacuation. Make sure you have a fire risk assessment, maintain fire alarm systems etc and if you hire the school hall out for a concert etc make sure you give the safe occupancy level and make the hirer aware of the evacuation and fire alarm systems. Building Structure/perimeter walls and fences - Ensure walls and structures that are obviously deteriorating/bowing/collapsing are isolated and checked by a structural engineer. Design technology equipment - Ensure all machinery and equipment is maintained to BS4163 and all staff are trained. Water related drowning incidents Unfortunately about 40 children die every year in rivers, ponds and open water. Make sure access to school ponds is protected inside and outside school hours. Make sure any access to rivers on the perimeter of the school are well Ensure all appropriate safety checks are in place Date of Issue: December 2009 (minor amendments 2014) protected. Always ensure school trips on or near the water/sea are well organized and ensure approval is given from School Safety Adviser as per Calderdale Policy. If your school has a swimming pool follow HSE guidance. Allergic Reactions food/nuts/wasp stings etc - Although rare a child has died as a result of an allergic reaction in a school in Yorkshire. Ensure all teachers and catering staff are adequately informed about children with severe allergic reactions. Ensure training on the use of “epipens” is in place and ensure advice from the Food Standards Agency is followed in school kitchens. Slips and falls - Accounting for 30% of all reportable injuries. Follow HSE and Calderdale guidance on prevention of falls. Key floor areas are school entrance, kitchen, slopes, changing rooms. Fingers being amputated in doors in schools - Unfortunately up until the introduction of the finger safe products this was a regular problem in Calderdale Primary schools. Fit finger guards on the hinge side of doors particularly in and around reception and nursery classrooms. Playground equipment injuries - Playground equipment should be fitted by a reputable organisation, it should be age appropriate and checked by Calderdale Playground Officer (or other competent person) post installation and maintained properly with weekly inspections Children trespassing and receiving injuries - Sadly many children have died falling off school property or through sky lights etc outside school hours. Unfortunately the school has a duty towards children who trespass on their property. The law is complex in this area but much of this duty relates to what is foreseeable, which means if you know children are on the roof every weekend Date of Issue: December 2009 (minor amendments 2014) you have to do something reasonable to prevent it e.g. identifying the children, anti vandal measures, calling the police etc Guard radiators in nurseries and reception and limit water temperature in showers and taps to 43 degrees. Hot water and hot surfaces (radiators) - Main risk is to those with learning difficulties and nursery children. Legionella - Although children may feel ill if contracted, no child has died from legionella, the main risk is to staff. Main risk in Calderdale schools is showers. Ensure a risk assessment of the water system is carried out and the water system, header tanks, valves, etc are well maintained. Seek expert advice. After School Clubs Make sure after school club staff:- (a) are trained if using commercial kitchen equipment and food hygiene (b) have risk assessments in place (c) are DBS checked (d) have adequate supervision ratio's in place (e) are aware of your site rules and evacuation procedures etc. Kitchen injuries - Burns, cuts, falls. Competent trained staff, compliance with Food Hygiene Regulations, risk assessment and safe operating procedures in place. Much advice available. Gas Safety - Explosion/fire/leaks Ensure all gas systems, boilers, heaters, cookers, design technology, science gas taps etc are properly maintained by CHAS compliant contractors. Have a gas emergency evacuation procedure. Ensure all LPG and welding bottles are safe by position/secure and maintained. See Calderdale guidance “Maintenance and testing of building installations”. Manual handling injuries Accounting for 20% of lost time accidents in Calderdale Ensure unnecessary lifting and handling is avoided, suitable handling equipment is purchased, risk assessments are in place and all staff involved in manual Date of Issue: December 2009 (minor amendments 2014) handling are trained. Trees - The chances of a tree losing a limb and landing on a child are remote but this has happened locally. Get advice on any large overhanging trees from Calderdale forestry section. Disease/faults can be observed by trained staff. Security - e.g. Worst scenario Dumblane, more likely irate parent assaulting teacher. Follow guidance from Calderdale on security and dealing with violence and aggression. Reversing vehicles - Cause a large number of site fatalities in industry Check and make sure refuse and delivery drivers understand where you expect them to turn round/reverse etc and at what times you expect them to call. Event safety Lifts/hoists - Very few accidents now in UK related to this subject mainly because of strong Regulation and Insurance involvement. Inadequate first Aid Arrangements See Calderdale Event Safety guidance and sensible advice table 1. Follow LOLER Regulations and Calderdale guidance. Ensure all lifts and hoists are registered with Insurance Officer. Glazing - Several life threatening cases with children going through glazing in Calderdale. School Sport - Javelin, discus, rugby etc have risks of injuries are expected. Work-related Stress Poor playground supervision Chemicals - Cleaning chemicals left in areas accessible to young children or, science chemicals not secure and being stolen by pupils who have then used them in a Ensure you have adequate trained first aiders for numbers of persons in school. Ensure glazing risk assessment in place for the school and ensure CHAS compliant glass fitter replaces any damaged glass to correct standard. Follow advice “Safe practice in physical Education and School Sport”, no problem. Follow HSE, DCSF and Calderdale guidance. Assess playground supervision, make sure it’s reasonable, document in risk assessment. Ensure all chemicals used in school are well controlled. COSHH assessment in place. See guidance Calderdale and CLEAPPS. Date of Issue: December 2009 (minor amendments 2014) dangerous way. This has happened and the Police have had to evacuate a Calderdale school etc. Leaving prescribed medicines/drugs in insecure places e.g. unlocked teachers drawer. Children taking an overdose from medicines left out Untrained staff! Have a clear secure medicines/drugs policy in school. Make sure all employees have a basic induction on health and safety and are given school safety policy and relevant Calderdale Bite Size H&S leaflets. See health and safety training programme. Date of Issue: December 2009 (minor amendments 2014)
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